The Federal High Court in Abuja on Wednesday adjourned, for the third time, the fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, challenging the search of his residence.
The case, earlier postponed on March 3 and March 11, was instituted by El-Rufai’s legal team, seeking N1 billion in damages against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), a Federal Capital Territory chief magistrate, the Inspector-General of Police, and the Attorney-General of the Federation, listed as first to fourth respondents.
At about 11 a.m. when the matter was called, Ugochukwu Prince Nnakwu appeared for El-Rufai, Isaac Akwo represented the ICPC, R.N. Maiguru appeared for the IGP, and Chima Chidi Augustine represented the AGF.
Akwo requested that the matter be stood down until noon, explaining that the ICPC’s counsel was engaged at the Supreme Court. However, Justice Joyce Abdulmalik declined the request, citing a prior engagement.
The judge then inquired about the second respondent, the magistrate. Nnakwu informed the court that the magistrate had not yet been served and that an application for substituted service had been filed. As he began to move the application, the judge insisted that the magistrate’s name be properly included.
Nnakwu agreed and asked for time to regularise the process.
Counsel for the other respondents confirmed they had filed counter-affidavits. Justice Abdulmalik subsequently directed that a hearing notice be served on the magistrate and adjourned the case to March 31 for hearing of the substituted service application.
Meanwhile, El-Rufai—who was detained by the ICPC on February 19—was arraigned on separate criminal charges before a Federal High Court in Kaduna. He remains in custody pending the determination of his bail application.
The N1 billion suit arose from his detention and the reported search of his Abuja residence. In the suit, he is asking the court to declare the February 4 search warrant issued by a chief magistrate as invalid, null, and void, arguing that it violated his rights to dignity, personal liberty, fair hearing, and privacy. He also seeks an order restraining the respondents from using any evidence obtained during the search.
Additionally, he is requesting the return of all seized items and asking for N1 billion in general, exemplary, and aggravated damages.
In response, the ICPC argued in its counter-affidavit that it acted within its statutory powers after receiving a petition against El-Rufai, including investigating, arresting, and prosecuting him. The police also maintained that the search was carried out under a valid warrant issued by a competent court.
The case has encountered multiple procedural delays. On March 3, proceedings could not go on because only El-Rufai’s lawyer was present and the respondents had not been served. On March 11, it was adjourned again to allow parties time to regularise filings, including responses to counter-affidavits.
